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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of wildlife by an employee of the Parks and |
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Wildlife Department or by a person or agent of the person on the |
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person's property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.013, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsections (c), (d), |
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(e), and (f) to read as follows: |
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(a) An employee of the department acting within the scope of |
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the employee's authority may possess, take, transport, release, and |
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manage any of the wildlife and fish in this state for public safety, |
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investigation, propagation, distribution, education, disease |
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diagnosis or prevention, or scientific purposes. |
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(c) An employee of the department acting within the scope of |
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the employee's authority may discharge a firearm to take wildlife |
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on a public road or right-of-way if the wildlife is: |
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(1) mortally injured; or |
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(2) behaving in a manner consistent with the wildlife |
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being diseased. |
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(d) Except as provided by Subsection (e), a person or agent |
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of the person may take wildlife on the person's property if the |
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person: |
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(1) has written authorization from the department; and |
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(2) is participating under the supervision of a |
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department employee in a program or event designated by the |
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director as being conducted for the diagnosis, management, or |
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prevention of a disease in wildlife. |
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(e) Subsection (d) does not apply to a person or agent who is |
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a department employee. |
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(f) The commission may adopt rules to implement this |
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section. |
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SECTION 2. Section 62.0031(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) This section does not apply to: |
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(1) the trapping of a raptor for educational or |
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sporting purposes as provided by Chapter 49; or |
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(2) an employee of the department taking wildlife as |
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provided by Section 12.013(c). |
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SECTION 3. Section 42.01, Penal Code, is amended by adding |
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Subsection (e-1) to read as follows: |
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(e-1) It is an exception to the application of Subsection |
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(a)(9) that, at the time the person engaged in conduct prohibited |
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under that subdivision, the person was an employee of the Parks and |
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Wildlife Department acting within the scope of the employee's |
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authority under Section 12.013(c), Parks and Wildlife Code. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |